Georgia Property Owners' Associations Division FAQ

The Georgia Property Owners’ Bill of Rights Act (Georgia Senate Bill 406) was passed by the Georgia General Assembly on March 31, 2026, and signed into law by Governor Brian Kemp on May 12, 2026. The bill has two effective dates, July 1, 2026, and January 1, 2027, described further below.

The legislation establishes additional oversight and regulation of Owners’ Associations.  The Georgia Secretary of State's Office (SOS) has been granted the authority and responsibility to administer and enforce certain requirements of the Act.

The statute significantly revises the oversight and registration requirements for Owners’ Associations by:

• Effective July 1, 2026:
  • Amending portions of the Georgia Property Owners' Association Act (Article 6 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated (O.C.G.A.)), including: 
    • Revising voting requirements for amendments to Owners’ Association’s governing documents; and
    • Modifying the procedures governing foreclosure actions initiated by Owners’ Associations.
• Effective January 1, 2027:
  • Establishing specific rights and protections for property owners residing in communities governed by Owners’ Associations.
  • Requiring Owners’ Associations to annually register with the SOS and maintain an active registration in order to:
    • Collect fines or fees, 
    • File or record liens; or 
    • Initiate foreclosure proceedings.
  • Authorizing the SOS, upon appropriate cause, to:
    • Deny, suspend, or revoke an Owners’ Association's registration;
    • Limit fines or fees an Owners’ Association may impose or collect; 
    • Prohibit an individual from serving on an Owners’ Association board.
  • Establishing due process procedures, including:
    • Administrative hearings that allow Owners’ Associations to challenge actions taken by the SOS;
      • Administrative hearings that allow Owners to challenge Owners’ Association’s actions or failures to act
      • Judicial Review of Administrative Hearing results through 
        • Magistrate Court for appeals involving claims valued at less than $15,000.00;
        • Superior Court for appeals involving claims valued at more than $15,000.00

On or After January 1, 2027 (1/1/2027). 

Registration will occur via an online portal.  The Secretary of State’s Office will provide more information closer to the effective date of the portion of the bill regarding registration (1/1/2027).

Owners’ Associations will need to register to collect fines or fees, file or record liens, or initiate foreclosure proceedings. “Owners' Associations” include all private associations of participating owners of residential property in a specified geographic area which are governed by certain rules or bylaws, including:

• A neighborhood, 
• Condominium developments, 
• Common Interest Community, or 
• A group of homeowners or property owners.

Complaints may be submitted to the SOS.  However, please note that no action will be taken on the complaint until the effective date of the legislation on January 1, 2027. 

Complaints may be filed via the Complaint for the Office of Secretary of State Charities Division webform >>>

Additionally, complaints may be reported via email to [email protected]. Please make sure to mention in the summary of your complaint that it is related to Owners’ Associations. 

Yes.  The Secretary of State’s Office is actively drafting rules and regulations.  The regulations will be promulgated through the Georgia Administrative Procedure Act.  The Office anticipates that that the rules and regulations will be available for public comment in October of 2026. 

The filing with the Corporations Division is separate from the HOA registration. The HOA Registration will allow you to operate as an Owner’s Association. The Corporations filing simply creates the business entity.